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Controlling Market Power in Telecommunications by Damien Geradin,Michel Kerf Pdf
Controlling market power is a crucial issue in liberalised telecommunications markets. By comparatively analysing five countries, this book explores how the regulatory framework should be designed.
The Devil Is in the Details: Analysis of Substantial Market Power in Fijian Markets by Releshni Karan Reddy Pdf
Fiji, being remotely located with a small population, does not attract many players to its economy. Fewer players with large market shares coupled with high barriers to entry allow firms with substantial market power (“SMP”) to form. This research aims to explore the existence of SMP amongst selected markets and the adequacy of Fiji’s regulatory law, which is inspired by the US and EU competition regulation models. Based on the analysis of competition cases and in-depth interviews with members of the Fijian competition authority, the research examines how FCCC has dealt with the issues of testing SMP in relevant markets. Three industries were randomly selected as case studies. These were the telecommunications industry, shipping industry and the LPG industry. SMP was tested using a three-stage test. Stage One was choosing the relevant market and Stage Two was analysing the market conditions such as market shares of players and barriers to entry. Stage Three was analysing whether the player could maintain its price independently of its consumers and competitors. If Stages Two and Three was affirmative in respect of Stage One, SMP was held to exist. Legislation was closely examined to identify and verify the test of firms holding SMP. The results show existence of firms holding SMP in the chosen markets in telecommunications, shipping and LPG sectors. Competition legislation in Fiji does not limit the mere existence of SMP but punishes abuse of its SMP. The results identify the ways in which the authority seeks to adjust its competition system to the particularities of a small developing country, in terms of legislation, economy, culture and institutional framework. The existing legislation needs to be reformed to include provisions identifying tests for SMP. The study reveals inconsistencies between the formal provisions of the competition law and the manner in which it is applied and advances recommendations for improvement.
Regulation and the Evolution of the Global Telecommunications Industry by Anastassios Gentzoglanis,Anders Henten Pdf
After decades of liberalization of the telecommunications industry around the world and technological convergence that allows for increasing competition, sector-specific regulation of telecommunications has been on the decline. As a result, the telecommunications industry stands in the middle of a debate that calls for either a total deregulation of access to broadband infrastructures or a separation of infrastructure from service delivery. This book proposes new approaches to dealing with the current and future issues of regulation of telecommunication markets on both a regional and a global scale. This volume represents a valuable compendium of ideas regarding global trends in the telecommunications industry that focus on market and regulatory issues and company strategies. With an international cast of contributors, Regulation and the Evolution of the Global Telecommunications Industry also provides insight into topics including: mobile Internet development, structural function and separation, global experiences with next generation networks, technology convergence and the role of regulation, and the regulatory impact on the balance between static and dynamic efficiencies. The empirical evidence and experiences presented here illustrate the diversity of thoughts and research that characterize this important area of academic and business research. Thus, it will be a critical reference for scholars and students of regulatory economics, policy and finance and researchers and administrators of the telecom industry.
The Governance of Telecom Markets by Antonio Manganelli,Antonio Nicita Pdf
This book provides a critical comprehensive summary of the coevolution of telecom markets, rules and public institutions over the last 25 years, focusing on the challenges that regulators and policy makers have been facing. Even if the perspective of the book is European (as the EU regulatory framework is examined), most of the economic and institutional issues addressed are common to all telecom markets in advanced economies. The book addresses some traditional fundamental topics in the telecom regulation literature, as well as some hot-button topics in the current policy debate, e.g., ultrafast broadband and 5G networks, the relationship between investments and competition, the sector digitalisation and the role of OTTs. All these are relevant to students, researchers, and policy makers interested to get a sound understanding of the sector, its many dimensions and coevolutionary patterns.
The WTO and Global Convergence in Telecommunications and Audio-Visual Services by Damien Geradin,David Luff Pdf
Provides a consolidated legal analysis of the convergence phenomenon between telecommunications services and audiovisual services in the international trade arena.
Communications in EU Law : Antitrust Market Power and Public Interest by Antonio Bavasso Pdf
Approaching the theme from an antitrust perspective and focusing on telecommunications and television broadcasting, this volume examines how traditional European competition law doctrines and principles can be applied to this converging sector. The application of antitrust rules to the communications sector is often one of the most controversial areas of law and policy. The shift towards a more competition law oriented form of regulation is one of the main principles inspiring the recent reform of European sectorial regulation enshrined in the 2002 Electronic Communication Package. The Package was adopted in 2002 and is in the process of being implemented throughout the Union. This monograph provides a detailed description of the new regulatory package and highlights the interplay between regulatory provisions and EC competition law. It then follows the pattern of a typical antitrust analysis containing chapters on the definition of relevant market in the sector and various forms of abuses of market power. The book also critically examines the Commission's practice and policy in the field of merger control and considers its relationship with wider regulatory policies. Finally it analyses the sector from the perspective of the 'European' public interest and the changed nature of communications as a public service.
Telecommunications Law and Regulation in Nigeria by Uchenna Jerome Orji Pdf
The Nigerian telecommunications industry has continued to grow in a phenomenal manner following market liberalization reforms that commenced in the 1990s. As of 2017, the telecommunications industry was one of the fastest-growing economic sectors in Nigeria and the fourth largest contributor to the country’s Gross Domestic Product. The telecommunications industry, however, remains a highly technical and naturally dynamic industry that has not been a usual area for legal research in developing countries such as Nigeria. This book bridges that gap in knowledge by providing an analysis of the legal and policy instruments that regulate the industry. It comprises eleven chapters that discuss the historical evolution of telecommunications and its regulation; the development of the Nigerian telecommunications industry from 1886 to 2017; the legal basis for the regulation of the industry; the licensing and duties of service providers; the regulation of network infrastructure; the protection of consumers; the regulation of competition, interconnection, universal access, and environmental protection; and the resolution of industry disputes. This book will be useful to policy makers, legislators, regulators, lawyers, law students, investors, operators, and consumers, as well as any person interested in the Nigerian telecommunications industry.
The Regulation of the State in Competitive Markets in the EU by Erika Szyszczak Pdf
This book looks at the changing role and nature of the regulation of State intervention in the liberalised and privatised markets of the European Union. It examines how the traditional role of the State is now challenged by European Union law, and the implications for traditional public services provided by the State. For the first time in an academic work, the book brings together the interaction of the Internal Market and the Competition rules of the European Union when they are applied to State economic activity. Individual chapters examine specific rules which address squarely the permissible role of State activity in competitive markets, for example an examination of the State aid rules, the rules in Article 86 EC regulating State monopolies and the controversial application of Articles 81 and 82 EC to the State. Other chapters examine the processes of privatisation and liberalisation with case studies on the postal sector, utilities and telecommunications.
EC Competition and Telecommunications Law by Christian Koenig,Andreas Bartosch Pdf
This new volume updates the groundbreaking analysis of its first edition in 2002, when the EC common regulatory framework for electronic communications networks and services had just entered into force. So much has changed in the intervening years that that this new edition bears little resemblance to its predecessor, with every chapter either extensively altered or entirely new. It remains, however, the most detailed and comprehensive overview available of the application of the EC Treaty’s competition rules in the markets for telecommunications and audiovisual media, and of the applicable regulatory framework. In thirteen chapters, each contributed by one or more noted legal authorities in the field, the second edition of EC Competition and Telecommunications Law covers the full range of EC telecommunications law across all major areas of both institutional and substantive law, both on the international and EC levels, including the following: State aid; the merger control regulation; justification for sector-specific regulation in EC competition law; network access; authorizations and privileges; and mobile telephony. Relevant EC media and communications law and relevant aspects of EC competition law are dealt with in detail. While some chapters focus on competition law, others deal primarily with sector-specific regulation. There is practical guidance throughout on procedural matters, alongside analysis of the substantive provisions. Well-known in its first edition, this thoroughly revised and updated version continue to be vital reading for practitioners, in particular those specializing in European competition law and for company and in-house lawyers who are seeking advice on how European law affects their business. As a detailed analysis of the basic legislative and regulatory framework of European telecommunications law, it will be an invaluable reference work for lawyers, judges, regulators, and policymakers in all the EC Member States, as well as for students and teachers of European law.
The Evolution of Competition Law in New Zealand by Rex Ahdar Pdf
The modern era of competition law in New Zealand began with the Commerce Act 1986. Since then, a steady and impressive corpus of case law had traversed all the usual major areas of antitrust law: cartels, resale price maintenance, exclusive dealing, tying, group boycotts, monopolization, mergers and acquisitions, exempted sectors, and the role of economic evidence. This volume explains the rationale for the various major reforms, the ongoing contestation between the Harvard and Chicago Schools of antitrust, and traces the developments of key concepts over the last 34 years. This title also explores systemic issues such as how well has New Zealand moulded its own competition law whilst nonetheless selectively drawing upon the policies, case law, and wisdom of foreign jurisdictions; how effectively has it faced the challenge of adapting its fledgling competition law to the reality of being a small, deregulated, open, and distant economy; and how successful was the application of competition law to utilities in the experimental era of 'light handed regulation'. Written by a New Zealand competition expert, this detailed, original, and comprehensive chronicle of New Zealand's competition law and policy draws together the common threads that mark the modern era and offers some predictions about how the next decades of New Zealand competition law might unfold.
Author : John R. Allison,Dennis L. Thomas Publisher : Praeger Page : 0 pages File Size : 50,6 Mb Release : 1990-12-11 Category : Business & Economics ISBN : 9780899305721
Telecommunications Deregulation by John R. Allison,Dennis L. Thomas Pdf
Since the breakup of AT&T in the early 1980s, many scholars and others have argued that telecommunications regulatory policy, especially at the state level, must change dramatically to fit new market conditions. To others, particularly state regulators, lawmakers, and smaller competitors, the proper response is one of slow, incremental change in regulatory policy. This volume explores these issues by using a unique multidisciplinary lens to focus on the problems of market power and cost allocation in long distance telecommunications markets. The contributors approach the subject from the traditional perspectives of economics and law but also incorporate developments in newer disciplines such as operations research, decision theory, policy analysis, and corporate strategy. Each section includes a series of main papers as well as critical reviews by scholars using methodologies from other disciplines. The result is an unusually comprehensive treatment of the complex regulatory issues facing the telecommunications industry today. The volume is divided into two primary sections which deal with market power and cost allocation in turn. The first part opens with a paper which examines market power from the perspective of legal analytics. Two economists then employ the methodologies of antitrust law and economics to survey the approaches of various states to the problem of identifying telecommunications market power. The third main paper in this section analyzes the market power concept from the particular economic perspective of contestable market theory. Turning to cost allocation issues, the contributors argue for the applicability to long distance markets of a new cost allocation methodology developed by NRRI for local exchange service. The topic is then approached by using a series of regulatory fables in which various possible incentive schemes are used to induce supposedly efficient behavior, with cost allocation as a resulting side issue. Each main paper is followed by one or more critical discussant papers. Finally, contributor Alfred Kahn draws on his long experience as a scholar and regulator to examine the current problems of telecommunications regulation in their historical context and to make some predictions about the future course of regulation in the industry. An important contribution to the business literature, this volume is a must acquisition for any library dealing with the telecommunication industry.
Regulating Telecommunications in the EU and China by Bernd Holznagel,Junqi Xu,Thomas Hart Pdf
Chinese as well as European regulatory decisions need to consider regional particularities but insist on an implementation system that never loses sight of its goal. In the area of electronic communications policy, this goal is the establishment of a market environment that ensures innovation, high quality and affordable prices. The present survey aims at improving the process of knowledge exchange between European and Chinese experts and decision-makers in Information Society law and policy. The EU-China Information Society Project asked the authors to assess both the EU's and the Chinese status quo, and to bring together both perspectives together in a joint effort to learn from the EU experiences for the Chinese decision-making process today.
Remedies in Network Industries by Damien Geradin Pdf
Over the last decade, the European Union has undertaken major market-opening reforms in the area of network industries. The liberalization process has now been completed in the air transport and electronic communications sectors and has achieved considerable progress in other network industries, such as postal services, energy (electricity and gas), and rail transport. Creating competition in network industries is not an easy matter, however. Because they benefit from certain advantages such as a large initial market share and control of essential facilities, incumbents typically retain substantial market power in a number of relevant markets and may even use their position to prevent others from engineering such markets. Controlling market power is thus one of a number of key concerns in network industries. It can be achieved in two main ways; either through the adoption and implementation of sector-specific rules or through the application of competition rules. There are advantages and disadvantages to both options, but it is a combination of the two that generally prevents incumbents from abusing their market power in liberalized markets. Competition law and sector-specific regulation provide for the application of remedies on incumbents or other operators holding significant market power. Such remedies are either structural or a behavioural. In some occasions they will apply ex ante, while in others ex post. This book comprises a collection of outstanding essays dealing with the complex legal and economic issues raised by remedies in network industries. While some of these essays analyse remedies from a generic point of view, others focus on specific remedies applied specifically in particular sectors. The sectors covered in this volume include electronic communications, postal services, energy (electricity and gas), and air transport. The final paper also presents a discussion of the United States approach to remedies in network industries. The essays comprised in this book have been written by leading academics (lawyers and economists), as well as private practitioners.
